Kwan Will Sen Partner

Contact
T +603 2081 3999 ext 814
E will.sen@skrine.com
 

Overview


Will Sen is a litigator focusing on commercial litigation and arbitration, and fraud and asset recovery.
 
Of note is his work for Bursa Malaysia in resisting judicial review applications in respect of decisions by the Listing and Appeals Committee and the recovery of fines imposed against errant directors of listed issuers and other registered persons.
 
He co-heads the Occupational Safety and Health practice where his work includes defending companies and/or directors and other officers in criminal prosecutions and acting on claims for or defences against civil suits involving occupational safety and health claims. He also does similar work in cases involving non-compliance of environmental regulations.

 

Key Practice Areas

  • Commercial Litigation and Arbitration
  • Regulatory Enforcement
  • Fraud and Asset Recovery
  • Occupational Safety and Health, and Environmental Disputes
 

  • Acted as co-counsel for La Kaffa International Co Ltd (of Chatime) against Loob Holding Sdn Bhd (of Tealive), in an application for interim injunction in aid of an international arbitration, at the Singapore International Arbitration Centre (SIAC). This relates to a franchise dispute and issues on prohibition of a franchisee to operate a competing business upon termination of a franchise agreement. The Court of Appeal granted the client the injunction sought (see La Kaffa International Co Ltd v Loob Holding Sdn Bhd [2018] MLJU 703). The parties subsequently resolved the dispute out of Court.
  • Presently acting in an AIAC arbitration between a major shipping company and an oil and gas multinational company involving a contract for the construction and the lease of a semi-floating production system. Successfully obtained two adjudication decisions totalling claims in excess of RM1 billion. The present claims being subject to the arbitration is in excess of RM2 billion.
  • Acted as co-counsel against the Government of Laos in Court proceedings challenging an arbitral award (in excess of USD 50 million) made against Laos. The award arose from an energy dispute involving a power plant in Laos. See the Federal Court’s decision, Thai-Lao Lignite Co Ltd & Anor v Government of the Lao People’s Democratic Republic [2017] 9 CLJ 273.
  • Acted as counsel in successfully applying for the appointment of interim receivers and managers in an oppression petition in order to protect the assets of the company from being disposed off by the impugned Liquidator. Succeeded at the High Court and Court of Appeal for orders under the oppression petition: see Drico Ltd v Drico (Water Specialist) Sdn Bhd & Ors [2011] 1 LNS 488, [2013] 1 LNS 1297.
  • Acted as co-counsel for a major steel company in a land dispute, involving the sum of about RM 100 million (as damages for trespass) against a major local electric utility company. The electric utility company is constructing a power plant, which allegedly trespasses unto the client’s land in Perai, Penang. See the High Court’s grounds of judgment at Ann Joo Steel Berhad v Tenaga Nasional Berhad & Ors [2016] MLJU 588.
  • Acted as co-counsel for a developer, where the developer took over an abandoned housing project in Subang Jaya and thereafter resuscitated and completed the project. The client was sued for the sum of about RM 40 million by a purchaser over claims of breach of contract and wrongful termination of contract. The client was successful in resisting the suit at the High Court and the appeal to the Court of Appeal.
  • Acted as co-counsel for the developer in the landmark Federal Court case of View Esteem Sdn Bhd v Bina Puri Holdings Bhd [2018] 2 MLJ 22. The case relates to an adjudication decision, and where the Federal Court provided its views on the interpretation of various provisions under the Construction Industry Payment Adjudication Act 2012 (CIPAA).

  • Acted as co-counsel for the Stock Exchange in the landmark Court of Appeal decision of Tan Sri Dato’ Haji Lamin Mohd Yunus v Bursa Malaysia Securities Berhad [2012] 6 MLJ 182, where the Court held that the Stock Exchange’s Listing Requirements have statutory force (pursuant to the provisions under the Capital Markets and Services Act 2007) and thus, require strict compliance. The case arose out of a judicial review application by the directors of Golden Plus Holdings Berhad against the Stock Exchange’s decision to fine the directors for various breaches of the Listing Requirements of the Stock Exchange. See also the High Court’s grounds of judgment in Tan Sri Dato’ Haji Lamin Mohd Yunus v Bursa Malaysia Securities Berhad [2012] 7 MLJ 85.

  • Presently acting for a subsidiary of a public-listed Japanese company in the investigation, and the litigation for the recovery of the proceeds of fraud. Presently leading a team of forensic experts, intelligence companies, and foreign lawyers. The litigation has involved obtaining urgent freezing and search orders in Malaysia and abroad, discovery orders to obtain banking information, and the initiation of committal proceedings. See Toyota Tsusho (M) Sdn Bhd v Foo Tseh Wan & Ors [2018] MLJU 708, which relates to an application to set aside Mareva and Anton Piller Orders, in respect of this matter. 
  • Acted as co-counsel for a Hong Kong company in a suit for fraudulent trading against directors of two Malaysian companies. These Malaysian companies had entered into a Consent Order with the Hong Kong company, agreeing to make certain payments to the client. These companies were wound up, and the client asserted that the Consent Order was entered into when these companies were insolvent, and without any intention to make payment to the client. The High Court allowed the client’s claim of approximately HKD 40 million against the directors personally, on a joint and several basis. The matter is now pending appeal to the Court of Appeal. 
  • Assisted in the Port Klang Authority (PKA) Special Task Force to assess the issues arising from the Port Klang Free Zone (PKFZ) audit report on the PKFZ project and to give its recommendations on how to right the wrongs and pursue appropriate legal remedies.

  • Acted and defended an international oil and gas company in a prosecution against the company under Section 17 of the Occupational Safety and Health Act 1994.
  • Advised an international building materials manufacturer (specialising in cement), in respect of an explosion at its cement plant in Rawang, where there were three casualties. Assistance was provided in relation to investigations by the authorities, and crisis management.

Qualifications:
  • Advocate and Solicitor, High Court of Malaya (2010)
  • LL.B (Hons), Malaya (2009)
Professional Affiliations:
  • Member, Constitutional Law Committee, Bar Council

Authored the following articles:
  • Co-author, Malaysia Takes Aim at Corrupt Corporations and Targets Senior Personnel, Norton Rose Fulbright 
  • Author, Corporate Liability for Corruption, Skrine’s Legal Insights 
  • Author, Licence to Defame?, Skrine’s Legal Insights
  • Author, Forbidden Fruit?, Skrine’s Legal Insights Author, Licence to Defame – The Sequel?, Skrine’s Legal Insights 
  • Author, The Raising of Lazarus, Skrine’s Legal Insights 
  • Author, The Force Awakens, Skrine’s Legal Insights & PRA